Allowed

Military @ Miletry @ Nirmal Kumar v. The State Of Bihar

Patna HC4 Jul 2018CR. MISC./30593/2018

Case brief

AI extract

What is this about?

Petitioner sought bail in a POCSO case alleging that the FIR was mala fide because the informant claimed to be major. Court allowed bail, directing petitioner to execute bond and adhere to conditions regarding sureties and non-interference.

What did the court decide?

Petitioner enlarged on bail by furnishing bonds of Rs. 10,000 with two sureties of like amount, subject to conditions of local surety, no tampering with evidence, and cooperation in trial.

Military @ Miletry @ Nirmal Kumar Vs The State… — Child Sexual Offences (POCSO) | Patna HC (2018)

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Patna High Court Cr.Misc. No.30593 of 2018 (3) dt.04-07-2018

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30593 of 2018

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Arising Out of PS.Case No. -49 Year- 2018 Thana -ARA NAWADA District- BHOJPUR

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====================================================== Military @ Miletry @ Nirmal Kumar S/o Dhanu Prasad @ Dhanu Nran. @ Dhanu Ram, R/o Mohalla- Maula Bagh (Dr. Isha Lane), P.S.- Ara Nawada, District- Bhojpur at Ara.

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.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mrigendra Kumar For the Opposite Party/s : Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER

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3 04-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner seeks bail in connection with POCSO Case No. 8 of 2018 arising out of Ara Nawada Police Station Case No. 49 of 2018 registered for the offences punishable under sections 341, 323, 448 of the Indian Penal Code and section 12 of POCSO Act.

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The informant, in her written report, has alleged that this petitioner used to tease her since long and on the date of occurrence, he asked her mobile number. On refusal, he entered into her house, assaulted, pulled her out and tried to outrage her modesty.

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It has been submitted that the case, as per section 12

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Patna High Court Cr.Misc. No.30593 of 2018 (3) dt.04-07-2018

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of the POCSO Act, is not made out, as the informant is major and she mala fide has not disclosed her age. The petitioner is in custody since 23.03.2018 having clean antecedent.

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The learned Additional Public Prosecutor on the other hand opposed the submission.

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Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/with two sureties of the like amount each to the satisfaction of A.D.J.-I, Ara, Bhojpur in connection with POCSO Case No. 8 of 2018 arising out of Ara Nawada Police Station Case No. 49 of 2018, subject to the following conditions:-

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(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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(ii)The petitioner will not induce any witness or tamper with the evidence. (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

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(Sanjay Kumar, J)

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Mahesh/-

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U T

Military @ Miletry @ Nirmal Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Military @ Miletry @ Nirmal Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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